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STATE v. DISTRICT COURT

No. 10611

383 P.2d 481 (1963)

The STATE of Montana on the relation of the State of Montana, STATE HIGHWAY COMMISSION of the State of Montana, et al., Relators, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR THE COUNTY OF MINERAL and the Honorable Victor H. Fall, Presiding Judge thereof, Respondents.

Supreme Court of Montana.

Decided July 11, 1963.

Attorney(s) appearing for the Case

Daniel J. Sullivan, Helena (argued orally), for relators.

Robert R. Skelton and Thomas P. Hendricks, Missoula (argued orally), for respondents.

PER CURIAM.

Original Proceeding.

On June 18, 1963, relator filed in this court a petition for a writ of prohibition or other appropriate writ. The petition disclosed that following the issuance of remittitur from this court in the case of Dee W. Alexander v. State Highway Comm'n, Cause No. 10491, 142 Mont. 93, 381 P.2d 780, the plaintiff filed in the district court a motion requesting an order requiring the defendants to deposit...

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